Salim Khan vs State Of Rajasthan ...
2023 Latest Caselaw 8076 Raj

[2023:RJ-JD:33363] (1 of 3) [CRLMB-12155/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 12155/2023

Salim Khan S/o Basir Khan Kayamkahni, Aged About 49 Years, R/o Kamala Nehru Nagar, Pratapnagar, Blind School Ke Pass, Jodhpur, Dist. Jodhpur, At Present R/o Ward No. 32, Khwaja Nagar, Besva Road Fatehpur, Dist. Sikar (At Present Lodged In Dist. Jail, Bhilwara)

----Petitioner Versus

1. State Of Rajasthan, Through PP

2. Bajrang Sharma S/o Jagdish Sharma, Aged About 50 Years, B/c Bramin R/o Santoshi Mata Ke Mandir Ke Piche, Chaprasi Colony, Bhilwara 2Nd Add. Vinayak Karshi Farm (Chokidar), Jaswatpura Ke Pass,bera Police Thana, Rayala Bhilwara

----Respondents

For Petitioner(s) : Dr. Shailendra Kala.

Mr. Anuj Kala.

For Respondent(s)             :   Mr. Arun Kumar, PP.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

                                       Order

06/10/2023
       Learned       Public       Prosecutor            submitted        that    the

complainant/victim has already been informed about pendency of the

present bail application.

This application for bail under Section 439 Cr.P.C. has been

filed by the petitioner who has been arrested in connection with

F.I.R. No.166/2011 registered at Police Station Rayla, District

Bhilwara, for offences under Sections 171, 395 and 120B IPC.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

[2023:RJ-JD:33363] (2 of 3) [CRLMB-12155/2023]

Learned counsel for the petitioner submitted that the

petitioner has been arrested on 04.09.2023 for the offences under

Sections 171, 395 and 120B IPC alleged to have been committed

by him in the year 2011. Learned counsel submitted that co-

accused persons Subhan, Abdul Hamid @ Munna, Jahoor Mohd.,

Arjun, Ramnaresh and Liyakat Ali have already been acquitted by

the competent criminal court vide its judgment/order dated

07.04.2022. Learned counsel submitted that the petitioner is in

judicial custody since 04.09.2023 and since no recovery is due to

be made from him, no fruitful purpose would be served by keeping

him behind the bars for an indefinite period. The trial of the case

is likely to consume sufficiently long time. On these grounds, he

implored the Court to enlarge the petitioner on bail.

Per contra, learned Public Prosecutor has opposed the bail

application. However, he was not in position to refute the fact that

above named co-accused persons have already been acquitted by

the competent criminal court.

Having considered the rival submissions, facts and

circumstances of the case so also the fact that above named co-

accused persons have already been acquitted by the competent

criminal court, without expressing any opinion on merits/demerits

of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C.

is allowed. It is ordered that the accused-petitioner Salim Khan

S/o Basir Khan Kayamkahni arrested in connection with F.I.R.

No.166/2011 registered at Police Station Rayla, District Bhilwara,

shall be released on bail, if not wanted in any other case, provided

[2023:RJ-JD:33363] (3 of 3) [CRLMB-12155/2023]

he furnishes a personal bond of Rs.50,000/- and two sureties of

Rs.25,000/- each, to the satisfaction of learned trial court, for his

appearance before that court on each & every date of hearing and

whenever called upon to do so till completion of the trial.

(KULDEEP MATHUR),J 514-Tikam/-

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